Michigan Indemnity Law
Health Carll of Detroit d/b/a Jadells, Inc. v. Atrium Home & Health Care Services, Inc.
Pursuant to MCR 7.215(J)(3), this special panel was convened to resolve a conflict between this Court's opinion in Environair, Inc. v. Steelcase, Inc., 190 Mich.App. 289, 475 N.W.2d 366 (1991), and the recently issued opinion in Health Call of Detroit v. Atrium Home & Health Care Services, Inc., 265 Mich.App. 79, 695 N.W.2d 337 (2005), vacated in part 265 Mich.App. 801 (2005) (vacating part III of... More...
$0 (11-29-2005 - MI)James Hoffman v. Consumers Energy Company
Defendant, Consumers Energy Company, appeals by leave granted orders denying its motions for summary disposition in this negligence case.1 We reverse and remand. On February 11, 2009, plaintiffs' house exploded.2 After investigation, it was determined that the explosion was caused by a natural gas leak. Subsequently, plaintiffs sued defendant, the provider of their natural gas service. Plaintiffs ... More...
$0 (05-24-2012 - MI)Ian McPherson v. Christopher McPherson
Ian McPherson drove his uninsured motorcycle into a parked car and sustained severe injuries. He contends that a seizure precipitated his motorcycle crash, and that a prior car accident caused his seizure disorder. The insurer that covered McPherson's no-fault benefits associated with the car accident denied liability for payment of no-fault benefits related to the motorcycle accident. The circuit... More...
$0 (01-10-2012 - MI)Miller-Davis Company v. Ahrens Construction, Inc.
This case involves a dispute over a construction contract. At issue is whether the limitations period in MCL 600.5839(1) applies to an action for breach of contract. The Court of Appeals held that it does and that the statute's six-year limitations period expired before plaintiff filed its complaint, barring the suit. Accordingly, the Court of Appeals reversed the judgment of the trial court, whic... More...
$0 (07-11-2011 - MI)Carl Evangelista v. Shannon Evangelista
In this breach of contract action, plaintiffs Carl and Linda Evangelista and third-party defendant Ronald Evangelista appeal as of right from the trial court's order granting in part and denying in part Ronald's motion for summary disposition. We reverse and remand for further proceedings consistent with this opinion.<br><br>Defendant Shannon Evangelista and Ronald executed a promissory note to pl... More...
$0 (06-09-2011 - MI)Titan Insurance Company v. McKinley Hyten
In an insurance application submitted to plaintiff Titan Insurance Company on August 24, 2007, defendant McKinley Hyten represented that she possessed a valid driver's license as of that date. In reality, Hyten's license had been suspended and was not restored until nearly a month later, on September 20, 2007. In February 2008, Hyten was involved in an automobile accident in which defendants Marth... More...
$0 (02-01-2011 - MI)Charon Hare v. Starr Commonwealth Corporation ans Selma Melvin
Plaintiff Charon Hare (plaintiff) appeals by right the circuit court's order denying her motion for summary disposition and granting summary disposition in favor of garnishee Frontier Insurance Company (Frontier) on the ground that a New York antisuit injunction was entitled to full faith and credit. We affirm, albeit for a different reason than that relied on by the circuit court.<br><br>I<br><br... More...
$0 (01-04-2011 - MI)Charles J. Farley v. Country Coach Incorporated
In this diversity action, Defendant-Appellant Country Coach, Inc. appeals a $191,784 jury verdict for Plaintiff-Appellee Charles Farley on a claim for breach of the implied warranty of merchantability on Farley's 2004 Country Coach Magna motor home. In particular, Country Coach alleges that the district court erred by reversing its grant of summary judgment on Farley's implied-warranty claim, deny... More...
$0 (12-15-2010 - MI)Candice Johnson v. Rajan Pastoriza, M.D.
In this cause of action involving the wrongful death act, MCL 600.2922, defendants appeal by way of leave granted the trial court's denial of their motion for summary disposition. On appeal, defendants argue that none of plaintiffs' claims are compensable under the wrongful death act. We affirm.<br> <br> I. SUBSTANTIVE FACTS<br> <br> As alleged by plaintiffs in their first amended complaint, Candi... More...
$0 (10-12-2010 - MI)Renee Finnerty v. RadioShack Corp.
Renee Finnerty appeals an order entered on March 30, 2009 by the United States District Court for the Eastern District of Michigan, granting summary judgment in favor of defendants RadioShack Corporation, Kiosk Operations, Inc., and SC Kiosks, Inc. (collectively referred to as "RadioShackâ€) on Finnerty's claims of discrimination, in violation of the Family Medical Leave Act, 29 U.S.C. § 2... More...
$0 (08-05-2010 - MI)Allstate Insurance Company v. Great Lakes Casualty Insurance Company
In this action for reimbursement under the assigned claims statutes, MCL 500.3171 et seq., defendant Great Lakes Casualty Insurance Company (Great Lakes) appeals by right the trial court's order granting partial summary disposition to Allstate Insurance Company (Allstate), which required that Great Lakes reimburse Allstate for personal protection insurance benefits that Allstate had paid on the as... More...
$0 (05-06-2010 - MI)Sherry Webster v. Auto Club Group Insurance Company
In this action for no-fault benefits in connection with a parked car, plaintiff appeals by right the circuit court's order granting summary disposition to defendant. We affirm. This appeal has been decided without oral argument pursuant to MCR 7.214(E). On January 15, 2007, plaintiff drove herself, a granddaughter, and a great-granddaughter to the home of a friend. Upon her arrival, she parked and... More...
$0 (03-02-2010 - MI)Miller-Davis Company v. Ahrens Construction, Inc. and Marchants Bonding Company
Defendant Ahrens Construction, Inc., appeals by right the judgment entered after bench trial for plaintiff Miller-Davis Company on its breach of contract claim. Plaintiff cross-appeals the trial court's entry of a judgment of no cause of action on plaintiff's claim for contractual indemnity of the amount awarded for breach of contract and its attorney fees for this action. Defendant argues that th... More...
$0 (08-04-2009 - MI)Allan Hughes v. Township of Almena
Respondent Almena Township appeals by leave granted the circuit court's June 14, 2007 order which (1) reversed Almena Township Zoning Board of Appeals' (ZBA) decision to uphold Almena Township Board of Trustees' (township board) denial of petitioners Allan and Sally Hughes' preliminary site plan for a planned unit development (PUD), (2) reversed the township board's decision to deny petitioners' p... More...
$0 (05-26-2009 - MI)Timothy Zahn v. Kroger Company of Michigan
Construction Company2 requiring Cimarron to indemnify Martin for a share of a settlement that Martin had paid as the result of an injury to an employee in a construction accident. Cimarron alleges that the language of the contract does not control. Instead, Cimarron contends that MCL 600.2956 effectively limits the application of express contractual indemnification clauses, because the statute man... More...
$0 (04-01-2009 - MI)Timothy Zahn v. Kroger Company of Michigan; F.H. Construction Company; and Cimarron Sevices, Inc.
Construction Company2 requiring Cimarron to indemnify Martin for a share of a settlement that Martin had paid as the result of an injury to an employee in a construction accident. Cimarron alleges that the language of the contract does not control. Instead, Cimarron contends that MCL 600.2956 effectively limits the application of express contractual indemnification clauses, because the statute man... More...
$0 (04-01-2009 - MI)City of Sterling Heights, Micigan v. United National Insurance Co.
This case involves a long-running (six years and counting) insurancecoverage dispute between the City of Sterling Heights, Michigan, and one of its insurance carriers, United National Insurance. The case arises out of lawsuits filed by Hillside Productions against the City based on alleged misconduct by city officials, and the question at hand primarily concerns United's liability for a portion of... More...
$0 (03-31-2009 - MI)Iroquois on the Beach, Inc. v. General Star Indemnity Company
Appellant Iroquois on the Beach, Inc. ("Iroquoisâ€), a seasonal hotel insured under an "all risk†policy, appeals from the district court's1 grant of summary judgment dismissing its claims against General Star Indemnity Company ("General Starâ€) for water and wind damage losses sustained to its building. The district court determined that exclusion B.2.f. of the insurance policy ap... More...
$0 (12-23-2008 - MI)Wasim Iqbal, et al. v. Bristol West Insurance Croup, et al.
Defendant Bristol West Insurance Group (Bristol) appeals by delayed leave granted orders of the trial court granting summary disposition in favor of plaintiff and the remaining parties and against Bristol in this case arising out of a motor vehicle accident in which plaintiff, the driver of a car that was rear ended at a stoplight, was injured. Plaintiff received medical treatment for his inju... More...
$0 (02-14-2008 - MI)Katie M. Klida v. Gregory S. Braman, et al.
Defendant, Farm Bureau General Insurance Company of Michigan (Farm Bureau), appeals as of right the denial of its motion for summary dismissal of plaintiff's underinsured motorist claim on the ground that the one-year contractual limitation period in the insurance policy barred plaintiff's action.1 We affirm. <P> Plaintiff sustained injuries in a motor vehicle accident involving her mother's ... More...
$0 (02-19-2008 - MI)<a href="http://courtofappeals.mijud.net/documents/OPINIONS/FINAL/COA/20040108_C241649_50_241649.OPN.PDF" target="_new">Estate of Cheryl A. Rowley a/k/a Cheryl A. MacInnes v. Joe Dee MacInnes</a>
Defendant appeals by delayed leave an order of the trial court directing him to pay over to plaintiff $95,000 in life insurance proceeds he received upon the death of his former wife, Cheryl Rowley, where she failed to change the beneficiary designation on her life insurance policy after the couple's divorce. The court concluded that a provision in the consent judgment of divorce, releasing al... More...
$95000 (01-13-2004 - MI)<a href="http://courtofappeals.mijud.net/documents/OPINIONS/FINAL/COA/20021029_C227375(48)_227375.OPN.PDF" target="_new">Aaron Nelson and Charles Galaske v. Associates Financial Services Company of Indiana, Inc.</a>
This case involves defendant's practice of charging its customers a mortgage prepayment penalty "in an amount equal to six months interest on the amount prepaid in excess of 20% of the original balance" when "an amount in excess of 20% of the original principal balance is prepaid in any twelve-month period within five years of the loan date." According to plaintiffs' first amended complaint, p... More...
$0 (10-31-2002 - MI)<a href="http://pacer.ca6.uscourts.gov/cgi-bin/getopn.pl?OPINION=02a0210p.06" target="_new">The City of Flint v. Lexington Insurance Company</a>
Plaintiff-Appellee City of Flint ("Flint") seeks indemnity under an insurance policy issued by Defendant-Appellant Lexington Insurance Company ("Lexington") for damages awarded against Flint in a civil rights action ("Middleton"). Several white Flint police officers successfully argued that Flint's affirmative action plan ("Plan") was illegal. See Middleton v. City of Flint, 92 F.3d 396, 397 (6th ... More...
$831749 (06-17-2002 - MI)<a href="http://pacer.ca6.uscourts.gov/cgi-bin/getopn.pl?OPINION=02a0155p.06" target="_new">Roskam Baking Company, Inc. v. Lanham Machinery Company, Inc.; APV Consolidated, Inc.; APV Baker Company, Inc.</a>
Roskam Baking Company ("Roskam") and Maximo Dominguez appeal the district court's grant of motions to dismiss Roskam's and Dominguez's diversity suits against Lanham Machinery Company, Inc., APV Consolidated, Inc., and APV Baker Company, Inc. ("APV") seeking damages resulting from a fire allegedly caused by APV's negligent installation of a baking oven. More than two years after Roskam and Domingu... More...
$0 (05-03-2002 - MI)<a href="http://courtofappeals.mijud.net/documents/opinions/final/coa/20010608_c221171(55)_120o.221171.coa.pdf" target="_new">William F. McKusick, et al. v. Travelers Indemnity Company</a>
Plaintiffs appeal as of right, and defendant Travelers Indemnity Company cross appeals, from an order granting Travelers summary disposition, pursuant to MCR 2.116(C)(10), in this garnishment action.<P>* * *<P>Plaintiffs William F. McKusick and Faye L. Tietz were employed by Polaris Industries in Osceola, Wisconsin.1 In the course of their employment, a high-pressure hose delivery system used ... More...
$0 (08-23-2001 - MI)